Knowing that a snapshot of a Facebook post taken out of context can land that person in jail for months is a goldmine opportunity for some people.
This just adds to the list the other things could include: plant child porn on their machine, call the terrorist hotline with a tip, launch a flood of ssh port scans into a .mil address from their machine, and bam! easy peasy that person's life is ruined.
This is not unlike the witch hunts in repressive regimes where people are encouraged to rat on each other. Quite often that is taken advantage. It used to be report the person to be a "Communist" or "report that person to be an Anti-Communist".
Unless there is public and swift punishment for the prosecutors or the "professionals" in the chain of people this has passed through, this will repeat again and again. There is just very little incentive not to "keep going" with these tips. The potential repercussions for ignoring it could be much harsher. So why not...
Listening to pud-pulling detectives stumble through the technical details of correlating an IP address to a service provider, at the rehearsed prompts provided by power-tripping district attourneys, and then glancing across the 22 other grand jurors, some withed glazed eyes, and others desperately nodding in agreement, as if they had something to prove to the phantom presence of their usually condescending 13-year-old children about their technical savvy, and the relationship that holds with being able to read a cable bill, I was deeply disturbed by the very low bar that was set, in order to prove to the lowest common denomenator that someone committed a computer crime, when I was out-voted on a whether to bring a flimsy case to trial.
Afterward, I casually chatted up each of the people that voted to bring a guy before the judge for allegedly creating fake credit cards and charging thousands of dollars under someone else's name, to gauge whether they understood what they had just voted on.
Most of them had a hard time using their smart phones for anything besides phone calls, couldn't tell me what an IP address actually was, couldn't readily distinguish AOL dial up service and AOL keyword searches from "Googling the internet" or typing in a URL in their browsers address bar, and were mystified by the difference between typing up a Word document and attaching it to an e-mail, versus just typing and sending the e-mail itself.
The difference between how quickly things went to trial, or how long we deliberated on a particular case often hinged on how close to 5PM it was. The DA's seemed to be aware of this, and the complexity and "appeal" of cases and the order of their presentation seemed to be planned accordingly.
If a Middle Age dude was an expert in chemistry, he'd probably be tried quite similarly. The fact that no one around him could even comprehend what chemistry is, is now completely irrelevant to them ruining his life.
Now replace that with technology, the people with modern day morons and death with impossibly high bail/languishing in prison for years together ruining any chance of an average, let alone decent future and you've got what we have today.
The point is, they don't know the subject yet feel that they know enough. History, it seems never changes.
Was the defense not able to submit the IM context themselves? The conclusion seems to be that it would basically exonerate him, so why could they not disclose it?
The article goes so far as to mention the context "hasn't surfaced". Why on earth not? Is this because Facebook refuses to release the IM history?
IANAL but I'm reasonably confident that a restraining order he received as a minor would not be admissible as evidence in this case, and thus should be irrelevant to the prosecution.
You absolutely cannot be tied to crimes you committed as a youth. This way, no matter how bad you screw up, you have a clean slate as an adult.
Adults deserve a second chance, too.
And yet it might be relevant to the reason he was arrested, if the quotation in the message above yours (which is unsourced) is true.
Kid gets arrested for Facebook talk: "INJUSTICE!"
...but he had a previous restraining order for similar threats: "They might have a point."
What's ridiculous about this case is that they kept at it.
This case was so badly botched even before one gets to free speech questions that one wonders why, at some point, the state didn't just admit error and agree to have the case dismissed. This reads like "let's see. There are 10 Amendments in the Bill of Rights. How many of them can we mess with? Now obviously we can't violate the 3rd, 9th, or 10th amendments here but maybe we can mess with the first, second, fourth, fifth, sixth, seventh, and eigth..."
One wonders why they stopped at the Bill of Rights. Maybe they could get the city to pass a Bill of Attainder while they are at it. Maybe they could have gone for broke and asked the state to station national guardsmen in his bedroom on release?
It doesn't have much to do with his danger anyways, as far as I'm concerned. Adam Lanza did not have a criminal record [0].
If someone came up to me on the street and screamed I'm going to fucking kill you, I wouldn't argue for his freedom of speech.
>here is someone who threatening them.
Threatening them, who is them? As deplorable as his speech was, it was not an identifiable threat of some imminent danger to some specific victim. (ie. I would have a different opinion if he identified a school by name). A counter-argument to my opinion is that we could have people making very real, but vague threats and police could not take action until after it is to late. However, there must be a balance between right to free speech and police powers, I just tend to err on the side of rights over government power.
>If someone came up to me on the street and screamed I'm going to fucking kill you, I wouldn't argue for his freedom of speech.
Your example is good because it can highlights where the law can strike a fair balance better rights and powers. First, I agree in your example I would not argue for right to free speech, but the declarant in the story is more akin to someone on the street screaming "I want to fucking kill someone" not directed at anyone and otherwise not posing an immanent threat.
If this kind of speech is to be punished with 8 years prison or 10 years probation, police just need to log onto Xbox Live and have a field day with all the threats...in fact one of the statements from the thread in this story "go drink bleach", I have only heard before on Xbox Live and I have heard it many times from various players - though this example is not a threat there are plenty to be found...mostly involving mothers.
There are exceptions, but generally, it is not criminal to discuss committing a crime, in order to constitute a crime there usually needs to be a substantial step in furtherance of committing the crime.
It's the difference between "I'm so angry I could kill someone right now!" and "I'm so angry I could kill so-and-so neighbor right now!"
I really don't think that someone should be charged with 'making terroristic threats' - nor any kind of threats - with just a vague statement of intent.
If you took everyone seriously when they threatened non-specific murder, you would have to jail everyone who makes jokes about how many points you get for running over different kinds of pedestrians while driving, which at least in the UK seems to be around half of all drivers.
But even so, would you argue for 8 years in prison for screaming at someone?
In other words, it isn't screaming at someone, it is a true and credible threat, that might be worth punishing relatively harshly.
Let me put this another way. Suppose instead of screaming at someone the individual went up to the home of a black family and burned a cross on their sidewalk (so no tresspassing) at 2am, and left a piece of cardboard on their door saying "Watch out. We are coming for you!" That's a pretty classic terroristic threat in US history. It may consist entirely of expressive acts and no real property crime. Certainly that's worthy of significant punishment.
Now this case doesn't even come close to that hypothetical and I think the differences are illustrative. It isn't specific. It isn't a threat directed at the target. It isn't disruptive by itself. So if the individual isn't taking any steps to make it happen, I think it really should fall in the category protected by Brandenburg v. Ohio. Indeed, if you read footnote 1 of that case, you will see that the speech at issue here was a lot less likely to cause imminent lawless action, was a lot less terroristic, and was a lot less credible than the speech found protected in that case.
Meh....
While I was driving my two kids to school today (in Jakarta), my youngest climbed on my lap. Where I am there are no laws against that, so I just kept driving.
I think it is interesting that the people I know who have no kids fit your view of looking for absolute protection more than the actual parents I know. There's a certain point where, as a parent, you come to terms with the fact that the world is a dangerous place.
> If someone came up to me on the street and screamed I'm going to fucking kill you, I wouldn't argue for his freedom of speech.
This would be true especially if you knew the person and had reason to believe that the individual really intended to do that.
On the other hand, if it was one of your bowling buddies you were slated to play with the next day and he came up to you and said, "Tomorrow, I am gonna fucking kill you with a 300!" I would totally say "free speech" and I wouldn't think he was going to bring over the elite Spartan guard and kill you with Greek swords or something.....
So these things require context.
I find the actions taken here infinitely more scary than facebook comment bullshit.
In recent years Obama justified various state excesses by saying something like "You can't have 100% security and 100% privacy." My immediate thought was, "Well, that's vacuously true, because you can't have 100% security ever."
Unfortunately, that's not the case: the job of the police seems to be to make a case, and when combined with the plea bargain system we have, it's basically a game of "how can we convict this guy".
Do I think investigation was warranted? Sure. But it definitely seems like overreaction to treat this as a valid terrorist threat, rather than a kid (or adult) saying something mean and flippant.
I also find it hard to believe that Facebook was "unable" to give details of the conversation. If the defense believes that the context (unshown in the screenshot) is important, I am surprised they can't subpoena the entire history of his actions in that timeframe, or of the threads he was posting in over that 48-hour period, and have an expert witness collect and show the context they say is so important.
Now if they needed a search warrant (which is quite possible, if this was treated like email and less than 180 days old), then it is quite possible they asked for one and got laughed at by the magistrate.
I find it ironic that with all of the talk flying around about nothing being private, a facebook conversation that would potentially exonerate this guy can't be dredged up.
It's hard for me to crystallize my thoughts on what needs to happen here, because the details, have up until this article, been incredibly confusing and contradictory. At the last report, this conversation took place within League of Legends itself. Apparently that wasn't the case. What other details about the information the jury had access to do we not know?
> "He started threatening me, saying that he would kill me. ... I told the school officers, [and] they started watching him really closely. He would say that he would shoot up the school."
So I'll start by playing Devil's Advocate very briefly. It's interesting how facts can be shaped with different language ("his only brush with the law"): it appears the restraining order from two years prior related to similar threats to those alleged in the Facebook comments (although in a remarkably different context).
Now that notwithstanding, it seems there are many glaring issues, both ethical and legal, with the way this has been handled.
Based on a screenshot of a Facebook comment without context or verification from Facebook an 18 year-old was detained for months without trial, including his 19th birthday, and offered a plea bargain of 8 years jail (!). An unaffordable bail of $500k was set, and if not for media attention, pro bono counsel, and a generous anonymous donor he would still be detained. During his detention he was repeatedly sexually assaulted, withheld legal counsel, and coerced to confess with false promises of freedom. After media focus an offer of 10 years (!) probation was put forward.
On a technical note, the original warrant included false testimony (matching of the Facebook profile picture to a driver's licence when the accused did not have a licence) and the indictment misquoted the original Facebook comment.
How does anyone think this is reasonable?